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Examining Mediation in Context: Toward Understanding Variations in Mediation Programs

McEwen, Craig
June 4, 2015

Source: (2006) In, Harrman, Margaret S., editor, Handbook of Mediation: Bridging Theory, Research, and Practice. Blackwell Publishing pp.81-96

Much mediation in the United States is delivered through organized public and private programs that range widely along many dimensions. These programs frequently operate in the context of other institutions such as courts, agencies, or business organizations, in the shadow of varying legal rules and with the engagement of professionals such as lawyers. The wide variations in program organization and contest raise tow important questions. First, how do the dramatic differences among programs and institutional contexts matter fort he ways that mediation unfolds and that parties approach the process, use it, and respond to it? Second, how, if at all, does the introduction of mediation programs affect those organizations, institutions, and practices In which they are enmeshed? This chapter focuses on these questions in general relationship to the Herrman, Hollett, and Gale (HHG) conceptual model of mediation that incorporates aspects of institutional context. (excerpt)


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